Current through all regulations passed and filed through September 16, 2024
(A) Except as provided by paragraph (D) of
rule 3745-4-01 of the Administrative
Code, all data submitted to the director for consideration as level 1 credible
data shall be collected and submitted by level 1, level 2 or level 3 qualified
data collectors (QDCs) approved by the director pursuant to rule
3745-4-03 of the Administrative
Code. The director shall accept the data as level 1 credible data provided the
requirements of this rule are met. The director shall have sole authority in
determining whether data meet these requirements. Data reporting shall be in a
format consistent with the requirements listed in this rule.
(B) Data submitted by a QDC shall meet the
following to be accepted as level 1 credible data:
(1) Adherence to a study plan. Persons
submitting data to Ohio EPA as a QDC under section
6111.53 of the Revised Code
shall prepare and adhere to a project study plan.
(a) The QDC shall prepare and submit to the
director for approval a project study plan using educational monitoring program
guidance materials, citizen monitoring program guidance materials, or other
valid resources.
(b) Upon
completion of the plan review, the director shall send written notification of
deficiencies in the plan, if any are found, to the QDC and provide the QDC a
reasonable opportunity to address such deficiencies. If the deficiencies are
not addressed, the director may disapprove the study plan.
(c) A plan submitted by a QDC not disapproved
within sixty days of the initial submittal or, where a notification of
deficiency has been issued, within sixty days of any revised submittal, shall
be considered to have been approved.
(d) The director shall disapprove a
site-specific plan that does not include the certification statement in
paragraph (B)(3)(c) of this rule.
(2) Use of appropriate test methods. In
preparing the project study plan, the QDC shall be responsible for selecting
the appropriate field and laboratory methods, including quality
assurance/quality control steps, that fit the objectives and purpose of the
data collection project. All methods should be commensurate with the purposes
of level 1 and the need for sufficient rigor and sensitivity to detect
relatively large differences in water quality over time or from sampling site
to sampling site. The QDC may select from parameters and test methods published
by the director pursuant to paragraph (C) of this rule or similar parameters
and test methods recommended by an educational or citizen monitoring program or
reported in the scientific literature.
(3) Data reporting. QDCs choosing to submit
data to Ohio EPA shall submit all collected data. Submission of data may be
done at any time, but shall be done no later than one year after completion of
the study identified in the project study plan. For ongoing sampling programs,
data submission should begin no later than one year after the initial phase of
study identified in the project study plan. The following shall be submitted:
(a) Level 1 sample data using the online
credible data database, or in a pre-approved format acceptable to the director.
(b) A certification that, to the
best of the QDC's knowledge and belief, the data were collected in accordance
with the procedures required by the approved project study plan.
(c) A signed statement from each QDC working
on the project certifying that the QDC has not been convicted of or pleaded
guilty to a violation of section
2911.21 of the Revised Code
(criminal trespass) or a substantially similar municipal ordinance within the
previous five years.
(4)
Data approval process. The director shall review data submissions to verify
that they were submitted by a QDC, that appropriate test methods and quality
control/quality assurance practices were used, and that the data reporting
requirements are complete. The review shall ensure that all components of the
plan for the collection of data were followed. If substantial discrepancies are
found, the director may decide not to approve the data. The timeframe for submission of data may be extended at the
director's discretion for good cause. The director shall maintain a
record of all submissions acceptable as level 1 data.
(C) Publication of appropriate test methods.
The director from time to time shall publish examples of
appropriate level 1 test methods for commonly sampled parameters. These can be
found online at: https://
epa.ohio.gov/dsw/credibledata/parameters_testing_methods.
